We apologize in advance for this long document, but we want you to understand our guidelines. Please read this document carefully before using this web site. It contains important information and creates a legally binding contract. By clicking on "I Agree" below and accessing or using the special features of our site, you agree to abide by these Terms of Service (the "Agreement"). If you do not accept these terms, we encourage you to enjoy the features on our site that don't require registration.

In order to enjoy all of the features of the web site (the "Site") provided by The Dr. Spock Company, you must agree to the terms and conditions described below and register on the Site. The Dr. Spock Company may make improvements or changes in the information and services available on the Site ("Services") or terminate this Site, at any time without notice.

THE DR. SPOCK COMPANY DOES NOT PROVIDE HEALTH CARE OR MEDICAL ADVICE
The content of The Dr. Spock Company web site, such as text, graphics, images, information obtained from The Dr. Spock Company's licensors or suppliers and other material ("Content") contained on the Site is for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis or treatment. Always seek the advice of your physician or other qualified health care provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay seeking it because of something you have read on The Dr. Spock Company Site.

If you think you may have a medical emergency, call your doctor or 911 immediately. The Dr. Spock Company does not recommend or endorse any specific tests, products, or procedures that may be mentioned on the Site. Reliance on any information provided by The Dr. Spock Company, our employees, others appearing on the Site at the invitation of The Dr. Spock Company, or other visitors to the Site is solely at your own risk.

The content provided by The Dr. Spock Company is compiled from numerous sources. The Dr. Spock Company and its directors, officers, employees, licensors, suppliers, agents and independent contractors, do not directly or indirectly practice medicine or provide medical services as part of The Dr. Spock Company.

The Site may contain health or medical related materials that you find sexually explicit or otherwise offensive. The Dr. Spock Company, its licensors and its suppliers have no control over and accept no responsibility for such materials. You are solely responsible for compliance with the laws applicable to your country of residence.

Use of Site and Services. You agree to use the Site and the Services solely for your own personal use, and not for commercial use. If you violate any of the terms and conditions of this Agreement, your permission to use the Content automatically terminates.

You agree (1) to provide true, accurate, current and complete information about yourself as requested in the registration form, and to update that information at your convenience; (2) not to provide false information; (3) not to use the Site and the Services to conduct any business or activity or solicit the performance of any activity prohibited by law or by any contractual provision by which you are bound; (4) not to use any robot, spider, other automatic or manual device or process to interfere or attempt to interfere with the proper working of the Site; and (5) to comply with all applicable laws, rules and regulations in connection with the Service.

You are responsible for maintaining the confidentiality of your user name and password. You also are responsible for all uses of your user name or password, whether or not authorized by you. Since submissions you make to public areas are not confidential, we recommend that you select a user name that does not identify you (also see below User Submissions and Contributions).

By registering on the Site, you agree that we may use information you provide to deliver content to you that, in some cases will be targeted to your interests, such as new services, promotions, and banner displays.

User Submissions and Contributions. You agree that any messages, other communications, content or materials you submit to public areas of this site are non-confidential for all purposes. Therefore, we recommend that you select a user name that does not identify you by name and do not provide information you do not want shared with other users of the Site. For any submissions you make, you automatically grant, or warrant that the owner of such communication, content or materials has expressly granted The Dr. Spock Company a royalty-free, perpetual, irrevocable, world-wide nonexclusive and fully sub-licensable right and license to use, edit, distribute, reproduce, modify, create derivative works from, publish and display in any media and medium or form and format currently know or developed in the future.

When you post or transmit content or materials to the Site (including but not limited to message boards and chat rooms), you agree to abide by the following rules:

(1) You may not post or transmit content or material that, as determined by The Dr. Spock Company in its sole discretion, is slanderous, defamatory, threatening, obscene, fraudulent, harmful, abusive or hateful, that violates the property rights of others (including without limitation infringing use of a copyright or trademark), that violates the privacy or publicity right of others, is embarrassing to any other person or entity, or that is in violation of applicable local, state, national or international laws;
(2) You may not use this Site to conduct any activity that is illegal or that violates the rights of others including impersonating another person;
(3) You may not use this Site to post advertisements or solicitations of business;
(4) You may not interfere with another user's use and experience of this Site;
(5) You may not post or transmit content or materials that expose The Dr. Spock Company to any liability or adverse impact of any type as determined by The Dr. Spock Company in its sole discretion; and
(6) You agree to inform The Dr. Spock Company if you believe that another user is infringing any copyrighted materials.

All content or materials submitted, posted or provided by users reflect only the views of the author and do not necessarily reflect the views of The Dr. Spock Company. The Dr. Spock Company, in its sole discretion, reserves the following rights, but has no obligations, relating to content or materials posted or transmitted by users to the Site or to The Dr. Spock Company in connection with the Services ("Submissions"): (1) to remove, edit or delete Submissions that are illegal, abusive, disruptive or are inconsistent with these Terms of Service; (2) to record and use Submissions; (3) to monitor Submissions to ensure consistency with these Terms of Service; and (4) to remove, edit or delete any Submissions posted on the Site that, The Dr. Spock Company, in its sole discretion, considers harmful, or that otherwise are inappropriate to the content and character of the Site. The Dr. Spock Company reserves the right to take any action it deems necessary to ensure compliance with the User Submissions and Contributions provisions and to protect the personal safety of its guests or the public. The Dr. Spock Company has no liability or responsibility to users of the Site or any other person or entity for performance or nonperformance of the aforementioned activities.

Third Party Advertisers and Links. The Site may contain links to web sites operated by other parties. The linked web sites are not under the control of The Dr. Spock Company, and The Dr. Spock Company is not responsible for the content available on any other Internet sites linked to the Site. The Dr. Spock Company does not endorse or guarantee any content, material, products or services contained on or accessible through links to other sites from The Dr. Spock Company site. The Dr. Spock Company disclaims all liability with regard to your access to such linked web sites. Your access to any other Internet sites, including content, material, products and services therein, linked to this Site is at your own risk and subject to the terms and conditions of use for such sites.

The Dr. Spock Company does not endorse or guarantee any product or services mentioned or advertised on The Dr. Spock Company site or any company sponsoring parts of the site. See The Dr. Spock Company's Advertising Policy for information concerning advertisers.

Privacy. The Dr. Spock Company is committed to protecting the privacy of children. The site is not intended or designed for use by children under the age of thirteen (13) years. We do not knowingly collect personally identifiable information from any person under the age of thirteen (13).

You agree to be bound by and comply with our Privacy Policy and any other policies governing the use of the Services or the Site that are posted on The Dr. Spock Company's Site or provided to you either electronically or otherwise in writing.

Disclaimer of Warranty
Use of the services, the site, and any content available on The Dr. Spock Company's web site is at your own risk. The Dr. Spock Company provides the site, services, and content on an "as is" basis without warranty of any kind, either express, implied or statutory, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, accuracy, or non-infringement. This disclaimer of warranty constitutes an essential part of this agreement. The Dr. Spock Company makes no warranty that (i) the services, content and software are accurate, timely, uninterrupted or error-free; (ii) the results that may be obtained from the use of the services or content will be reliable; (iii) the quality of any products obtained or purchased through the use of the services or content will meet your expectations; or (iv) any errors in the services or content will be corrected.The above exclusions may not apply in jurisdictions that do not allow the exclusion of certain implied warranties.

Limitation of Liability
In no event will The Dr. Spock Company, its directors, officers, employees, licensors, suppliers, agents or independent contractors be liable for any indirect damages or other relief arising out of your use or inability to use the services including, by way of illustration and not limitation, lost profits, lost business or lost opportunity, or any indirect, special, incidental or consequential or exemplary damages, including legal fees, arising out of such use or inability to use the services, even if The Dr. Spock Company or an authorized licensor, dealer, distributor or supplier has been advised of the possibility of such damages, or for any claim by any other party. The Dr. Spock Company is not liable for any personal injury, including death, caused by your use or misuse of the site. Any claims arising in connection with your use of the site must be brought within one (1) year from the date of the event. In no event will The Dr. Spock Company's total cumulative liability under this Agreement exceed $1,000.

Some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages. In such states or jurisdictions, The Dr. Spock Company's liability shall be limited to the extent permitted by law.

Indemnification. You agree to defend, indemnify and hold harmless The Dr. Spock Company and its directors, officers, employees, licensors, suppliers, agents and independent contractors from and against all losses, claims, actions or demands, damages and expenses, including attorney's fees, resulting from, or alleged to result from, any violation of this Agreement.

Links. Unless otherwise set forth in a written agreement between you and The Dr. Spock Company, you must adhere to The Dr. Spock Company's linking policy as follows: (i) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with The Dr. Spock Company's names and trademarks, (ii) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with The Dr. Spock Company, Inc., and (iii) The Dr. Spock Company reserves the right to revoke its consent to the link at any time and in its sole discretion.

Rights. All content within this Site (as well as the organization and layout of the Site) are owned and copyrighted by The Dr. Spock Company or its affiliates and may be accessed, downloaded or printed for your personal, non-commercial use only. Title to the content remains with The Dr. Spock Company. Without the prior written permission of The Dr. Spock Company, you may not copy, distribute or transfer any content within this Site, in whole or in part. All trademarks, service marks, and trade names (collectively the "marks") are proprietary to The Dr. Spock Company or other respective owners that have granted The Dr. Spock Company the right and license.

Revisions to Agreement. This Agreement may be revised, modified, altered or updated in the future. The Dr. Spock Company will post the revised Agreement on its web site. If any material changes are made to the Agreement, you will be notified the next time you log in to the Site. You agree that after consenting you will be bound by such revisions, modifications, alterations, or updates. If you do not accept the revised terms, you may continue to enjoy those features of the Site that do not require registration.

Jurisdiction. The Site is operated by The Dr. Spock Company from its offices in Menlo Park California, USA. This Agreement and the resolution of any dispute related to this Agreement or the Site shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. The Dr. Spock Company's failure to insist on strict enforcement of any provision of this Agreement shall not be construed as a waiver of any provision or right. You expressly agree that exclusive jurisdiction for any dispute with The Dr. Spock Company, or in any way relating to your use of The Dr. Spock Company site, resides in the courts of the State of California. In addition, you agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of California in connection with any dispute including a claim involving The Dr. Spock Company, its respective directors, officers, employees, content providers, suppliers, agents and independent contractors.

Termination. The Dr. Spock Company reserves the right, in its sole discretion, to immediately terminate this Agreement with respect to any user in the event of any breach by a user of this Agreement. If you violate the terms of this Agreement, your rights to use the features of the Site covered by this agreement automatically terminate.

Arbitration. Any claim or controversy arising out of or related to this Agreement, or the products or services The Dr. Spock Company provides shall be settled by binding arbitration in accordance with the rules of the American Arbitration Association. The foregoing shall not preclude The Dr. Spock Company from seeking any injunctive relief for protection of The Dr. Spock Company's intellectual property rights.

General. This Agreement, as modified from time to time as described above, and including the policies incorporated by reference, sets forth the entire understanding and agreement between you and The Dr. Spock Company with respect to use of the Site and Services. If any provision or provisions hereof shall be held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be in any way affected or impaired thereby. The Dr. Spock Company shall not be liable for any delay or failure in performance under this Agreement or interruption of service resulting from acts of God, civil or military authority, war, labor disputes, materials provided by third parties, or any cause beyond the reasonable control of The Dr. Spock Company. You may not assign this Agreement without our consent.

© Copyright 2004 The Dr. Spock Company. All Rights Reserved.